Title: The European Commission's Extraterritorial Jurisdiction Over Corporate Mergers
Abstract: This article examines the concept and application of the
European Merger Regulation as it applies to mergers, acquisitions,
and joint ventures external to the European Union (the Union) and
the European Economic Area (EEA). More specifically, the article
. traces the development of the Merger Regulation and how its
application developed into the legal vehicle for the European
Commission (the Commission) to administer its authority over the
clearance or prohibition of mergers beyond its territorial frontier.
Part I addresses the historical concept of extraterritorial jurisdiction
under the Merger Regulation. It considers the European Court of
Justice's approach to extraterritorial jurisdiction under Articles 81
and 82 of the Treaty Establishing the European Community, formerly
Articles 85 and 86, and its application to the Merger Regulation. Part
II reviews the Commission's assessment of mergers between non-community
enterprises. It concentrates on the Commission's
analysis of whether a proposed merger is compatible with the
European Common Market. Part III considers the measures available
to the European Commission to enforce its authority under the
Merger Regulation, while Parts IV and V review the sensitive
Boeing/McDonnell Douglas and General Electric/Honeywell merger
cases, respectively. This article covers the law in effect as of
December 31, 2001.
Publication Year: 2002
Publication Date: 2002-01-01
Language: en
Type: article
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Cited By Count: 1
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